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2016 (4) TMI 990 - PUNJAB AND HARYANA HIGH COURT

2016 (4) TMI 990 - PUNJAB AND HARYANA HIGH COURT - [2016] 388 ITR 126 - Jurisdiction of Court - Exemption under section 12 allowed by ITAT - Held that:- The time of filing the income tax return for the assessment year 2008-09, the registered office of the assessee was at Dharamshala. The return was filed on 31.3.2008 at Dharamshala. The assessment order dated 27.12.2010, Annexure A.1 was passed by the Income Tax Officer, Dharamshala, HP. Even the appeal was filed by the assessee before the CIT(A .....

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-revenue for filing before the competent court of jurisdiction in accordance with law. - ITA Nos. 327, 333, 334 and 395 of 2015 (O&M) - Dated:- 3-3-2016 - MR. AJAY KUMAR MITTAL AND MRS. RAJ RAHUL GARG, JJ. For The Appellant : Mr. Denesh Goyal, Advocate Ajay Kumar Mittal, J. 1. This order shall dispose of ITA Nos.327, 333, 334 and 395 of 2015 as according to the learned counsel for the appellant, the issue involved in all these appeals is identical. However, the facts are being extracted from ITA .....

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n both law and fact in allowing exemption under section 12 of the Act to the assessee by following the order of learned CIT(A), Shimla? 2. Whether in the facts and circumstances of the case, Hon'ble ITAT has erred in holding that specific purpose donations are voluntary contributions in the hands of the assessee for charitable purposes under section 12 of the Act? 3. Whether in the instant case, the Hon'ble ITAT is right in ignoring the judicial pronouncement in the case M/s R.B.Shree Ra .....

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as providing education, vocational training etc. at different places. Return for the year ending 31.3.2008 declaring income at Nil was filed on 30.9.2008 after claiming exemption under section 11 of the Act. The return of income was accompanied with audited income and expenditure account and balance sheet etc. The case was processed under Section 143(1) vide order dated 15.1.2010 at the income returned by the assessee. However, the assessee revised its return again declaring income at nil on 13. .....

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ideration, he allowed expenditure of Rs. 21,36,235/- only to the appellant adopting the FIFO method clubbing the opening accumulated balance with the funds received during the year. The utilization out of the earmarked funds was 196.90% during the year under consideration and 87.07% out of the other corpus funds. According to the Assessing Officer, there was deficiency in application of fund for charitable purposes during the year under assessment amounting to Rs. 15,47,22,732/- and the same was .....

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. Hence the instant appeals by the revenue. 4. We have heard learned counsel for the appellant-revenue. 5. After perusing the averments made in the appeal and hearing learned counsel for the appellant-revenue, we find that at the time of filing the income tax return for the assessment year 2008-09, the registered office of the assessee was at Dharamshala. The return was filed on 31.3.2008 at Dharamshala. The assessment order dated 27.12.2010, Annexure A.1 was passed by the Income Tax Officer, Dh .....

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o justify the filing of the appeal in this Court on the ground that the assessee respondent had requested for transfer of the case from Bangalore to Gurgaon on 02.01.2002 and the case was transferred from Bangalore to Gurgaon on 20.05.2005 under Section 127 of the Act. The Division Bench of this Court, while repelling the aforesaid contention had noticed as under: The decision of the High Courts are binding on the subordinate Courts and authorities or Tribunals under its superintendence througho .....

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he High Court which exercises territorial jurisdiction over the situs of the Assessing Officer and if it was otherwise then it would result in serious anomalies as an assessee affected by an assessment order at Bombay may invoke the jurisdiction of Delhi High Court to take advantage of a suitable decision taken by it. Thus, such an assessee may avoid application of inconvenient law laid down by the jurisdictional High Court of Bombay. On the basis of the aforementioned reasoning, the Division Be .....

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